Property118 Ltd understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website, www.property118.com
(“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
||means an account required to access and/or use certain areas and features of Our Site;
||means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below;
||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;
||means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and
||Means Property118 Ltd , a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- Information About Us
- Our Site is owned and operated by Property118 Ltd, a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- Our VAT number is 990 0332 34.
- Our Data Protection Officer is Neil Patterson, and can be contacted by email at firstname.lastname@example.org, by telephone on 01603 489118, or by post at 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- What Does This Policy Cover?
- Your Rights
- As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:
- The right to be informed about Our collection and use of personal data;
- The right of access to the personal data We hold about you (see section 12);
- The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 14);
- The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you (We only hold your personal data for a limited time, as explained in section 6 but if you would like Us to delete it sooner, please contact Us using the details in section 14);
- The right to restrict (i.e. prevent) the processing of your personal data;
- The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
- The right to object to Us using your personal data for particular purposes; and
- If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 14 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
- For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.
- What Data Do We Collect?
- Date of birth;
- Address and post code;
- Business/company name and trading status;
- Number of properties owned;
- Accountants details;
- Contact information such as email addresses and telephone numbers;
- Proof of residence and ID;
- Financial information such as income and tax status;
- Landlords insurance renewal dates;
- Property Portfolio details such as value and mortgage outstanding;
- How Do We Use Your Data?
- All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the GDPR at all times. For more details on security see section 7, below.
- Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:
- Providing and managing your access to Our Site;
- Supplying our products and or services to you (please note that We require your personal data in order to enter into a contract with you);
- Personalising and tailoring our products and or services for you;
- Replying to emails from you;
- Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time by the unsubscribe link at the bottom of all emails;
- Analysing your use of our site and gathering feedback to enable us to continually improve our site and your user experience;
- Provide information to our partner service and product suppliers at your request.
- With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email and or telephone with information, news and offers on our products and or We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
- You have the right to withdraw your consent to us using your personal data at any time, and to request that we delete it.
- We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following bases):
- Member profile information is collected with your consent and can be amended or deleted at any time by you;
- Anti-Money Laundering information and tax consultancy records are to be kept as required by law for up to seven years.
- How and Where Do We Store Your Data?
- We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.
- Some or all of your data may be stored outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). You are deemed to accept and agree to this by using our site and submitting information to Us. If we do store data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR
- Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.
- Do We Share Your Data?
- We may share your data with other partner companies in for the purpose of supplying products or services you have requested.
- We may sometimes contract with third parties to supply products and services to you on Our behalf. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
- We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
- In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.
- What Happens If Our Business Changes Hands?
- How Can You Control Your Data?
- In addition to your rights under the GDPR, set out in section 4, we aim to give you strong controls on Our use of your data for direct marketing purposes including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails.
- Your Right to Withhold Information
- You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
- How Can You Access Your Data?
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the GDPR, no fee is payable and We will provide any and all information in response to your request free of charge. Please contact Us for more details at email@example.com, or using the contact details below in section 14.
- All Cookies used by and on Our Site are used in accordance with current Cookie Law.
- Before Cookies are placed on your computer or device, you will be shown a cookie prompt requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow only first party Cookies and block third party Cookies.
- Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 13.5. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 13.9, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
- The following first party Cookies may be placed on your computer or device:
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||Used only to collect performance data, with any identifiable data obfuscated
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- Our Site uses analytics services provided by Google Analytics and Facebook. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the products AND/OR services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
- The analytics service(s) used by Our Site use(s) Cookies to gather the required information.
- The analytics service(s) used by Our Site use(s) the following Cookies:
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- In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
- You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
- It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
- Contacting Us
10:21 AM, 21st March 2016, About 7 years ago
Unfortunately solicitors can make mistakes as that is why they have professional indemnity cover. Were they aware of the loft conversion?
It is best to go back to your solicitors and if for any reason you are not happy you have recourse still to the Law Society.
12:22 PM, 21st March 2016, About 7 years ago
There is a good chance that Planning permission was not required for internal changes. Planning tends to deal with external detailing.
If you go to the Planning Portal website and look for the link interactive house it is quite helpful and could help you work it out.
You can apply for building regulations retrospectively however local authorities may double the charge.
I would recommend looking for a private building control supplier and taking advice.
The usual difficult part of 3 stories is fire doors however a mist sprinkler system is a cheaper and easier to install system and can often overcome the issues of fire prevention and fire doors etc.
It may still be worth speaking to your Solicitor about the cost that you are likely to incur.
The vendor should have declared the lack of permissions.
The other thing to look at is how the estate agents advertised the property as they should have checked.
I hope this is of assistance.
12:28 PM, 21st March 2016, About 7 years ago
Reply to the comment left by "Jerry Stone" at "21/03/2016 - 12:22":
12:32 PM, 21st March 2016, About 7 years ago
I have a similar problem . I bought a 3 bed flat but when I went to morgage it this year found out on the plans it's a one bed and no landlord permission or building regs. My solicitor has suggested I get landlords permission first then when I go to sell there is an insurance against there being no building regs however she said not many mortgage companies will accept it. So I am getting people into to see what needs to be done for it to get through building control. Do not alert building regs as if they come round and say it's unacceptable they might make you revert it back. So if it's too expensive to do I'm just going to keep renting it then go to a cash sale when the time is it. It is totally my own fault as to save costs I didn't get all the searches done so don't have recourse to my solicitor.
12:37 PM, 21st March 2016, About 7 years ago
Reply to the comment left by "sally lloyd" at "21/03/2016 - 12:32":
There are plenty of Private Building Control suppliers these days Sally who will give you advice.
It used to be very expensive to achieve building regulations because you needed Fire doors and alarms etc. however a mist sprinkler system is a very economic system for around 2500 pounds and well worth the cost for the increase in the value.
If you have made the changes for more than 4 years and you do need planning you can apply for a certificate of lawful use.
12:39 PM, 21st March 2016, About 7 years ago
Loft conversion is a permitted development ( and so planning permission not required) for houses but not flats. You could get advice from a local private planning consultant or the free planning advise service provided by you local council about your status. However be careful about approaching the council first. If you do required planning permission, you have two choices: either apply for retrospective planning ( if the structure is existing for at-least 4 years) or get an indemnity insurance which will protect you against cost of enforcement action by council. However this insurance is invalid if you approach the council and hence don't approach the free planning advice from your council first.
Building regs is required though and as suggested by Jerry Stone, get a private inspector if you can. They would ask for detailed plans and structural drawings by an Architect.
I think the cheapest and stress-free option would be to get indemnity insurance while you pursue your solicitor's indemnity.
I hope this help.
12:39 PM, 21st March 2016, About 7 years ago
In terms of the solicitor's liabilty, as Neil said it all depends on whether they were made aware. When you bought it look at the estate agent's particulars did it describe the loft as a room or storage space. The conversion definately does not need planning provided any change in roof shape only appears at back of property. What always does apply is building control but again this is if you wish to rent the property or market as the loft being a room, which I assume you do.
In this case you need to apply for retrospective building control, it is only a bit higher cost than normal. I fyou seek private advice it can be expensive and pretty pointless maybe get it just initially to see where you majorlly fall foul. The main areas of concern are meeting insulation requirements, fire requirements and structural stability. The whole idea of retrospective building control is when the loft conversion was done. The inspector is only to apply regulations as they were when work was completed. This can help enormously with insulation regs and fire. If the conversion was made some time ago there is no need for fire doors and insulation is minimal. On the hole I find building Control pretty reasonable ecspecially with retrospective and if the loft falls foul they are pretty open to bending certain regs depending on what is practical for you to do. However the strutural stability they will not move on.You will need to establish steel sizes and joists used by making small excavation holes. An engineer can often bend calcs to fit with what you have got, but it must be stable. So it all depends on whether there is some attempt to meet structural requirements. Hope this helps, I used to be a builder and must have done 100 loft conversions with all the structural calculations in London. If you are after any more specific advice directly related to your property please email me. Im not looking for work as I dont do private work. As long as you want me to advise by email I will do so just to help out a fellow lanlord. But before you do anything about the construction look at the solicitors liability
12:42 PM, 21st March 2016, About 7 years ago
I was in a similar situation and had a problem when trying to remortgage. The surveyor's report stated that copies of approvals should be submitted.
My solicitor advised me to purchase an indemnity policy which they had sought and obtained costing around £200. This was accepted for the remortgage and was a lifetime policy being transferrable to any new owners.
I understand that the planning and building control authority cannot usually require you to remove or to seek retrospective approval of the conversion once a period of 12 months has passed since completion. This link may help: http://www.planningportal.gov.uk/permission/responsibilities/buildingregulations/failure
Obviously, you should satisfy yourself that the conversion is safe from hazards and structurally sound.
I hope that this helps.
12:53 PM, 21st March 2016, About 7 years ago
Reply to the comment left by "Jerry Stone" at "21/03/2016 - 12:37":
Thankyou, we are having to get fire doors etc as the building has now been classifies as an HMO so the freeholder is organising this. I am concerned about cost of sound proofing if I call them in. As we are a mid floor flat. The plumbing is atrocious they put it in the middle of flat with mascerating toilet so that's going to cost. Advise to anyone do not buy a property with a mascerating toilet plumbers won't touch them it costs £300 a pop to fix them and tenants always put what they shouldn't down them
13:01 PM, 21st March 2016, About 7 years ago
A mascerated WC is only allowed in any residential property if there is another WC in the proeprty connected direct to the stack.If you are having problems with it put a decent one in , about £700 plus fitting, all the cheap ones forever clog